END USER LICENSE AGREEMENT
Last updated August 22, 2020
The VH Dissector Pro (Application) is licensed, not sold, to You by Touch of Life Technologies, Inc. (ToLTech), located at 12635 E. Montview Blvd., Suite 350, Aurora, Colorado 80045, United States, for use only under the terms of this License Agreement (EULA).
By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this EULA), You indicate that You agree to be bound by all of the terms and conditions of this EULA, and that You accept this EULA.
The parties of this EULA acknowledge that Apple is not a Party to this EULA and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. ToLTech, not Apple, is solely responsible for the Application and the content thereof.
This EULA may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. ToLTech acknowledges that it had the opportunity to review said terms and this EULA is not conflicting with them.
All rights not expressly granted to You are reserved.
1. SCOPE OF LICENSE
1.1 ToLTech grants You a non-transferable, non-exclusive, non-sublicensable license to install and use the Application on any Apple-branded Products that You own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that the Application may be accessed and used by other accounts associated with You via Family Sharing or volume purchasing.
1.2 This EULA will also govern any content, materials, or services accessible from or purchased within the Application as well as updates of the Application provided by ToLTech that replace, repair, and/or supplement the original Application, unless a separate license is provided for such updates or purchases in which case the terms of that new license will govern.
1.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with ToLTech's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
1.4 You may not distribute images created or included with the Application in any manner not explicitly allowed by the Usage Rules (except with ToLTech's prior written consent).
1.5 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof.
1.6 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
1.7 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
1.8 ToLTech reserves the right to make changes to the Terms of this EULA (collectively referred to as "Updated Terms") from time to time. When these changes are made, ToLTech shall provide access to a new copy of Terms available at https://www.toltech.net/terms-app-store. You understand and agree that if you use the Application after the date on which the Terms have changed, ToLTech shall treat your use of the Application as acceptance of the Updated Terms. Unless otherwise agreed in writing by ToLTech, your agreement with ToLTech regarding the Application will always include, at a minimum, the terms of this EULA or the Updated Terms, whichever is most recent.
1.9 Nothing in this EULA should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
2. PROPRIETARY RIGHTS
2.1 The Application is protected by United States copyright laws and international treaties, and other proprietary, statutory or otherwise, interests. All rights not expressly granted herein are reserved by ToLTech. ToLTech shall be entitled to pursue any legal and/or equitable action against You with regard to infringement of its copyright on the Application or any other proprietary interests therein. Furthermore, ToLTech shall be entitled to pursue all appropriate legal and/or equitable actions for any breach by you of the Terms recited herein.
2.2 You acknowledge that ToLTech owns all legal right, title and interest in and to the Application, including any intellectual property ("IP") rights in the Application, whether those rights happen to be registered or not, and wherever in the world those rights may exist.
2.3 Title and IP rights in and to any content displayed by or accessed through the Application belongs to the respective owner. Such content may be protected by copyright or other IP laws and treaties and may be subject to terms of use of the third party providing such content. Additional information on third party components can be found on an acknowledgements page contained within the electronic documentation included with the Application. You are required to obtain any necessary licenses prior to using features or data protected by third party licenses.
2.4 In the event of any third party claim that the Application or Your possession and use of the Application infringes that third party’s intellectual property rights, ToLTech, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
3. MAINTENANCE AND SUPPORT
3.1 ToLTech is solely responsible for providing any maintenance and support services for the Application. You can reach ToLTech regarding maintenance and support services via the Contact Information provided below.
3.2 ToLTech and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
3.3 ToLTech is not obligated to provide you with any support, consulting, training or assistance of any kind with regard to the use, operation and performance of the Application.
4. USE OF DATA
4.1 You agree that ToLTech may collect and use technical data and related information (including but not limited to technical information about your device, system and application software, and peripherals) that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Application. ToLTech may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
4.2 You acknowledge that ToLTech may collect additional information, including personal information, subject to ToLTech's Privacy Policy.
5. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS NOT TO BE USED FOR MEDICAL DIAGNOSIS, AND THAT THE USE AND PERFORMANCE OF THE APPLICATION, AND ANY MATERIAL DOWNLOADED, INSTALLED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION, IS DONE AT YOUR OWN DISCRETION, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TOLTECH HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TOLTECH DOES NOT WARRANT THAT FUNCTIONS CONTAINED IN THE APPLICATION OR ANY SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE APPLICATION OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE OR ANY SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TOLTECH OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Application to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, damages, costs or expenses attributable to any failure to conform to any warranty.
6. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, TOLTECH IS NOT LIABLE FOR ANY PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES IN CONNECTION WITH OR ARISING FROM THE PROVISION OF, THE PERFORMANCE, USE, OR INABILITY TO USE THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION, HOWEVER CAUSED, AND IN NO EVENT SHALL TOLTECH BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA/INFORMATION, DAMAGES RELATED TO INACCURATE INFORMATION (ANATOMICAL, MEDICAL, OR OTHERWISE) IN OR PROVIDED BY THE APPLICATION OR ANY SERVICES, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE PERFORMANCE, USE OF, OR INABILITY TO USE THE APPLICATION OR ANY SERVICES. IN NO EVENT SHALL TOLTECH’S TOTAL LIABILITY TO YOU FOR ANY REASON EXCEED THE ACTUAL PRICE PAID BY YOU FOR THE APPLICATION AND ANY SERVICES.
7. PRODUCT CLAIMS
ToLTech and You acknowledge that ToLTech, and not Apple, is responsible for addressing any claims by You or any third party relating to the Application or Your possession and/or use of the Application, including, but not limited to:
- product liability claims;
- any claim that the Application fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application’s use of the HealthKit and HomeKit frameworks.
8. GENERAL PROVISIONS
8.1 Export Regulations. You acknowledge that the Application may be subject to export laws, statutes, and regulations. You agree to not export or re-export the Application and shall not allow the Application to be exported or perform any act in violation of any applicable export laws, statutes, or regulations or any other applicable laws including (without limitation) any restrictions, laws, or regulations of the United States or foreign agency or authority. You agree to the foregoing and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties. The Application is restricted from being used for the design or development of nuclear, chemical, or biological weapons or missile technology without the prior permission of the United States government.
8.2 Entire Agreement. This EULA embodies the entire understanding between you and ToLTech, and supersedes all prior or simultaneous representations, discussions, negotiations, and agreements pertaining to such subject matter, whether written or oral.
8.3 Amendments or Modifications. No amendment to or modification of this EULA will be binding unless in writing and signed by ToLTech or the amendment or modification is part of the Updated Terms.
8.4 Controlling Language. If any translation of this EULA is undertaken for local requirements, in the event of a dispute between the English and any non-English versions of the EULA, the English version of this EULA shall govern.
8.5 Choice of Law. This EULA is governed by the laws of the State of Colorado and of the United States of America without regard to its conflicts of laws provisions. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. You agree to submit to the exclusive jurisdiction of the courts of Colorado to resolve any legal matter arising from the Terms.
8.6 Severability. If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
8.7 Termination. This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice from ToLTech if you fail to comply with any Term(s) of this EULA. ToLTech may terminate this EULA if you violate any proprietary interest, statutory or otherwise, on the Application or any of the terms and conditions recited herein.
9. THIRD PARTY BENEFICIARY
Apple and Apple's subsidiaries shall be third-party beneficiaries of this EULA and - upon Your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third-party beneficiary thereof.
CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Application, please contact:
support@toltech.net
800-329-2979
Touch of Life Technologies, Inc.
12635 E. Montview Blvd. Suite 350
Aurora, CO 80045
United States